2011-Ä¢¹½ÊÓÆµAT-109, Hastings
Ä¢¹½ÊÓÆµAT found that there was no evidence of damages or injuries in this case. Ä¢¹½ÊÓÆµAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.
Ä¢¹½ÊÓÆµAT found that there was no evidence of damages or injuries in this case. Ä¢¹½ÊÓÆµAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.
Ä¢¹½ÊÓÆµAT considered an appeal of Ä¢¹½ÊÓÆµDT Order No. 50 (GVA/2010) by the Secretary-General. Ä¢¹½ÊÓÆµAT held that the issue under consideration was settled, as Ä¢¹½ÊÓÆµAT had consistently held that Ä¢¹½ÊÓÆµDT had no jurisdiction to waive deadlines for management evaluation or administrative review. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. Ä¢¹½ÊÓÆµAT allowed the appeal and set aside the Ä¢¹½ÊÓÆµDT Order.
Ä¢¹½ÊÓÆµAT considered appeals from both the Secretary-General and Ms Fuentes. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly found her appeal regarding an investigation by OIOS to be time-barred. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly held that it was the special procedure under Administrative Instruction ST/AI/1998/9 and not former Staff Rule 111(2)(a) that applied to appeals of classification decisions and that the Administration had failed to respond to Ms Fuentes¡¯ appeal against the reclassification decision. Ä¢¹½ÊÓÆµAT dismissed both appeals and affirmed the Ä¢¹½ÊÓÆµDT judgment.
Ä¢¹½ÊÓÆµAT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. Ä¢¹½ÊÓÆµAT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. Ä¢¹½ÊÓÆµAT noted that the Appellant had not requested such an extension of the time limit. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT had correctly decided that the request for management evaluation was not receivable as it was time-barred. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.
Ä¢¹½ÊÓÆµAT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General¡¯s appeal, Ä¢¹½ÊÓÆµAT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall¡¯s conduct into question. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT had erred in law and fact in determining otherwise. Ä¢¹½ÊÓÆµAT held that there was no basis in law or fact for the pronouncements made by Ä¢¹½ÊÓÆµDT in paragraphs 112-113 of its judgment. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT had applied an unduly restrictive...
Ä¢¹½ÊÓÆµAT held that it was not in dispute that the Appellant did not submit a request for management evaluation until more than one year after he had been notified that he had not been selected for the post in question. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT, under Article 11.1 of the Ä¢¹½ÊÓÆµDT Statute, was obliged to issue a judgment in writing, stating the reasons, facts, and law on which it was based. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT¡¯s decisions, that the Appellant had been properly served with a notification in writing in compliance with former Staff Rule 111.2 and that Article 8.3 prohibited Ä¢¹½ÊÓÆµDT from extending the deadline for...
Ä¢¹½ÊÓÆµAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓÆµAT held that, in the present case, Ä¢¹½ÊÓÆµDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. Ä¢¹½ÊÓÆµAT held that the award of full salary payable between separation and the date of the Ä¢¹½ÊÓÆµDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. Ä¢¹½ÊÓÆµAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...
Ä¢¹½ÊÓÆµAT considered an appeal by the Secretary-General limited to the amount of compensation. Ä¢¹½ÊÓÆµAT held that, in the present case, Ä¢¹½ÊÓÆµDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. Ä¢¹½ÊÓÆµAT held that the award of full salary payable between separation and the date of the Ä¢¹½ÊÓÆµDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. Ä¢¹½ÊÓÆµAT held that it would be adequate, fair, and reasonable to award compensation in...
Ä¢¹½ÊÓÆµAT held that the complaints against the Appellant were very serious and intolerable for any employer. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT had correctly concluded that the case against the Appellant stood substantiated and corroborated and the evidence sufficiently supported the charge of improperly soliciting and receiving money from local people in exchange for their recruitment and service as Ä¢¹½ÊÓÆµ staff. Ä¢¹½ÊÓÆµAT held that during the teleconference the Appellant had produced two impostors as witnesses, who testified that they had lied to the investigators and made false allegations against the Appellant. Ä¢¹½ÊÓÆµAT...
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT¡¯s interpretation process, which led to the dismissal of the claim, was neither unreasonable nor unfair. Ä¢¹½ÊÓÆµAT noted that the affirmation that only the purchasing power element of comparison would allow an equal pay and treatment of staff members constituted only a postulation of a certain parameter among many possible options, without real support except in terms of policy selection because other criteria could also allow that kind of equal treatment, provided that they are applied in a general and non-discriminating way. Ä¢¹½ÊÓÆµAT noted that the comparator element adopted in the...